Many people honestly believe that prayer is not allowed in the public
schools. This is wrong. Unfortunately, this mistaken notion sometimes extends to
teachers, principals and school boards.

Students have many opportunities to pray:

They can attend one of the over 350,000 places of worship in the United
States, which promote "every conceivable creed, sect and denomination."
6

Prayer is allowed -- and in fact is a protected form of free speech --
throughout the public school system. Students can pray in school busses, at
the flag-pole, in student religious clubs, in the hallways, cafeteria, etc.

If the school has as few as one extra-curricular student-led and
student-organized group, then students have a legal right to organize a Bible
or other religious club to meet outside of classroom time.

Yet, a great deal of effort is being expended by religious folks to require
prayer in the classroom. Some reasons may be:

Sunday school and other religious instruction of young people within the
houses of worship in the U.S. and Canada has largely collapsed. Percentage
attendance is a small fraction of what it was two generations ago.

Some adults believe that to start the school day with a prayer will create
an aura of solemnity and order among the students.

Others believe that prayer has magical powers. It will persuade God to
protect the school and its staff and students. They may believe that prayer
would have a beneficial influence on drug problems, school violence, teen
pregnancy, etc.

Others feel that if the students are forced to recite a Christian prayer
each day, they will come to realize that they live in a Christian country
where the government and its institutions support Christianity.

The one place where prayer is not normally permitted is in the classroom
itself when a class is in session. The latter would violate the principle of church-state separation which is defined by court interpretations
of the 1st Amendment to the U.S. Constitution. The separation principle is extended to
Public Schools as an arm of the government. As interpreted by the courts, the Constitution's First Amendment requires that public
school teachers, principals, and boards be religiously neutral:

They may not promote a particular religion as being superior to any other.

They may not promote religion in general as superior to a secular approach to life.

They may not promote secularism in general as superior to a religious approach to life.

They may not be antagonistic to religion in general or a particular religious belief in
particular.

There has been a long history of conflict over school prayer. During the 19th
century, there were continual conflicts between Protestants and Catholics over
which version of the Bible was to be used in schools.
During the 20th century, there were conflicts over the precise text
of school prayers. "In New York, a committee of the State Regents actually
tried to invent a 'nondenominational, nonsectarian' prayer that would presumably
offend no one (save Atheist or nonreligious families) and still have the effect
of appealing to an unspecified deity."

The law, as interpreted by various levels of courts, is rapidly evolving in this area.
Speaking very generally, the law prohibits public schools from:

Requiring students to recite prayers in class. The main concerns of the
courts appear to be twofold:

The compulsive nature of prayer. Although most state laws which attempt to
allow school prayer usually permit the student to excuse themselves and wait in the hall,
the courts still see an element of compulsion. By separating themselves from the rest of
the class, the student risks later harassment and abuse by fellow students.

The risk of religious indoctrination. The 1st amendment of the U.S.
constitution states that there shall be no law regarding the establishment of religion.
The courts view prayer in the classroom to be one example of the government approving one
religion over another. Even a student-selected, student-given, non-sectarian,
non-proselytizing prayer still carries with it the stamp of approval of the state - i.e.
the state approves of, and is seen to promote, belief in God (and whatever other religious
content that the prayer might have).

The US Supreme Court ruled against mandated daily school prayer in Engel v. Vitale
(1962). In 1963, it struck down laws in Pennsylvania and Maryland which mandated Bible
reading and prayer.

Public prayers at high school games: Various courts have
ruled that:

An individual student or group of students is free to pray at a game.
To prevent this would violate the student(s) free speech rights.

Teachers, coaches, etc. cannot lead a group prayer. To do so would be
viewed as school endorsement of a specific religion, which is
unconstitutional under the principle of separation
of church and state.

Student-led, student written public prayers are not permitted to be
part of a game format. i.e. the school officials cannot insert a prayer
into the schedule of a game, even if the actual prayer is led by a
student.More details on this topic.

Promoting any one denomination or religion at the expense of another
faith group or secular philosophy. For example, a comparative religion class must give a
balanced description of religious and secular beliefs from a variety of faith groups and
ethical systems.

Banning the wearing of religious clothing and symbols.
This seems to be a growing problem throughout the U.S. In general, children
do not abandon their religious rights when entering public school campuses.
Religious clothing and symbols, if not disruptive, are a protected form of
speech. More details on this topic.

Prayers before Board of Education meetings:The 6th U.S. Circuit Court of appeals decided on 1999-MAR-18 that the Board of
Education in Cleveland, OH, cannot pray before their meetings. The court ruled that
prayers are an illegal endorsement of religion. School board attorneys have not decided
whether they will appeal the case to the U.S. Supreme Court.1

"Clergy in the Schools" project: A panel of the U.S. 5th
Circuit Court of Appeals ruled on 1999-APR-16 that a Texas "Clergy in the Schools"
program is unconstitutional. The Beaumont Independent School District introduced
this program in 1996. Local clergy led group counseling discussions in the school about
morality and civic virtues . The students involved in the counseling were selected by
school officials without prior notice to, or consent form, the parents. Prayer and
discussion of religion, sex or abortion were not permitted. The clergy were not allowed to
identify their church affiliation. Secular counselors were not permitted. The majority
opinion of the panel was that the program "makes a clear statement that it favors
religion over nonreligion." They were also concerned that the clergy were
disproportionately Protestants. The found that the involvement of school officials in this
project created an "excessive entanglement" between church and state.

Again, this is in a state of flux. As of early 1999, the following activities are
permitted. In fact, they are more than allowed. They are constitutionally protected as
freedom of speech, religion and assembly rights:

Graduation ceremonies: Some invocations, benedictions and prayers at graduation ceremonies.
This is very much a gray area as far as court rulings is concerned. More
details.

Teaching religion: The positive and negative effects of religion on society
may be studied in history, literature, comparative religion, and other courses. Comparative religion
classes are allowed, as long as one religion is not presented as being superior to any
another, or as absolute truth. Bible study is allowed, as long as the texts from other religions are also
studied. Schools can communicate the broad field of religion but not indoctrinate their
students in a particular faith.

Student religious clubs: If the school receives federal funds, then it must obey the federal Equal Access
Act of 1984.
Students are free to organize Bible study and other religious special interest clubs if any
other secular clubs are allowed. The school may prohibit religious clubs, but only if it
prohibits all student groups. Religious clubs must be given the same
access to school facilities (space to meet, permission to advertise on school bulletin
boards, permission to have announcements read over the PA system, inclusion in the year
book, etc.) as do other clubs. Group meetings must be "voluntary and student
initiated." There must be no "sponsorship" of the meetings by
the school. "Non-school persons may not direct, conduct, control, or regularly
attend" the activities. One effect of this law is the flourishing
of Christian clubs in public schools. The American Civil Liberties Union
estimates that 10,000 Christian clubs are operating in U.S. high schools. 2 More information

Moment of silence: Having students engage in a moment of silence during which they
can pray, meditate, plan their day, or engage in any other silent mental activity.
In late 2000, a federal court affirmed the constitutionality of the moment
of silence law which came into effect in Virginia on 2000-APR-1. The
decision is under appeal by the ACLU. The Natural Law Project
promotes this alternative. 4

Prayer outside of school building: Students can organize prayers on school property outside the classroom. e.g. they can
conduct group prayer meetings at the school
flagpole.

School religious speech: Students can carry Bible or other religious texts to and in school. They can pray before
eating. A student can pray on the school bus, in the cafeteria, in
classrooms before and after class, in the corridors, in the washrooms, etc.
They can wear T-shirts with religious text. They can wear religious
jewelry (buttons, symbols). They can hand out religious materials.
They can freely talk about religion to fellow students, outside of
class. They can pray before eating in the cafeteria. These are well-known freedoms guaranteed by the U.S. Constitution. Yet not
everyone is aware of these forms of protected speech. Bill Keane's cartoon
"Family Circus" for 1999-NOV-15 shows a mother waving at
two children leaving the house. She says "Get to school safely."
The caption reads "Chances are they will as long as they're allowed
to pray on that old school bus."

Rental of school facilities: Many religious organizations rent school facilities after
hours. Past court decisions generally supported this right, if rooms are also rented
to secular groups. Court rulings specified that schools can refuse to rent to religious groups, but then they cannot
rent to outside secular organizations as well. However, recent
court decisions have split on this issue.

Teaching of evolution: Schools may require their teachers to explain evolution as a
scientific theory, as supported by 95% of scientists. This would
include teachers who might not believe evolution to be true because of
their personal religious grounds.

Teacher display of religion: Teachers may be prohibited from displaying a Bible on their desk or from placing
religious posters on the classroom wall. This would imply state support for a specific
religion.

In summary, the law guarantees students' fundamental religious freedoms while requiring
the school to maintain a religiously neutral environment. Sometimes the latter requires
some limitations on teachers' freedoms. A 1996-JUNcourt decision by
the US District Court for the Northern District of Mississippi covers many of the
above items, including prayer over a school-wide intercom, a pre-school religious group,
classroom prayer, teaching a Bible class and religious instruction in a history class. The
text of the court order is
also available on the Internet.

Even though many religious behaviors are protected by the Constitution, they are not
necessarily allowed by the teacher, school principal or school board. Sometimes, they have
to be fought for.

A small percentage of public school teachers and principals have interpreted the
constitution incorrectly. Some have:

forbidden a student from reading a Bible in the school bus.

forbidden a student from praying before a meal in the cafeteria.

refused to accept a student history essay on the life of an historical figure because
the essay described Jesus.

refused to allow a Bible study group to be organized by students, while permitting
political, philosophical, science and other special interest groups.

Such infringements on a student's religious freedom are clearly unconstitutional, and
based on ignorance of the law by the teacher, principal and/or school board. The US
Supreme Court has ruled that students' rights do not stop at the school door. Such
disputes are usually resolved when the school is informed of student's rights. Many
Christian litigation groups are actively involved in such resolutions. The Rutherford
Institute3 is believed to be the largest such
organization. They have stated: "Many cases can be solved with a strong and
professional letter from an attorney, a legal memorandum from our office, or a phone call
from a staff member." Although it is a conservative Christian group, they
occasionally take on cases which support the rights of non-Christians.

This topic generates a great deal more heat than light. A number of points are might be
considered concerning prayer and other religious activities in public classrooms:

Contrary to generally held belief, prayer is not forbidden in public schools. A
student can come early to class, sit quietly, and pray silently. Similarly, with some
discipline, a student can pray upon rising, as a family before leaving home, even (if they
can concentrate over the noise) in a school bus, in the cafeteria, etc.

If students are allowed to organize any type of extra-curricular group, such as a
science club or political club, then they are free to organize religious or prayer groups.
The federal "equal access" law requires this of all school districts that
receive federal funding. They may hold their meetings on school property, advertise their
group, etc. to the same extent as non-religious student groups.

Students do not leave their constitutional rights at the door of the school: they can
wear clothing that promotes a specific religion or denomination; they can discuss the
religious aspects of a topic in class, etc.

There is a sizable minority of parents (and by implication, children) who
follow
other than Christian religions or who follow no religion at all. They find a
state-sponsored Christian prayer to be deeply offensive, and an attack on their freedom of
religion.

Many deeply Christian and other religious parents and children who pray regularly regard
enforced, state written prayers to be deeply offensive and a violation of fundamental
human rights.

Some jurisdictions have allowed objecting students to leave the room and thus be excused
from reciting a prayer. However, this action subjects the students to harassment by their
peers.

To require students to recite a Christian prayer implies state recognition of
Christianity as a religion of special status in the country. This is interpreted by many
that religions other than Christianity are of inferior status. That promotes conflict
among faith groups and intolerance towards minority religions.

Attempting to decide what prayers should be used can result in inter-denominational
conflict among Christians. More conservative groups might ask for prayers which deal with
sin, Satan, Hell and the necessity
of being saved. Mainstream groups may want to write prayers
which emphasize the love of God and responsibilities to one's fellow humans.

The freedom for parents and a school system to require children to recite a
state-written prayer conflicts with the rights of parents and students who wish freedom
from compulsory prayer. Some jurisdictions have reached various compromises that balance
the rights and desires of opposing groups:

Some schools institute a moment of silence that students can use to pray silently, or
meditate, or simply center themselves.

Most schools allow any interested students to gather outside the classroom in the school
to pray as a group.

In Canada, some school systems have a list of prayers drawn from a variety of religions
that are found in the state or province. These prayers are read in sequence by a
volunteer. Students are not required to recite the words; they can simply remain silent.
This approach has a valuable educational component. Students learn a little about many
religions. They realize that there are many different religions in the world and that
society recognizes that all have worth.

1963: In a number of major decisions (Murray v. Curlett; Abington
Township School district v. Schempp) mandatory Bible verse recitation was ruled
unconstitutional.

2001: A decision is expected by 2001-JUN from the U.S.
Supreme Court in a curious case involving the rental of school
facilities. A Fundamentalist Christian group was refused permission to
rent school facilities. The policy is to rent rooms for "social,
civic, and recreational meetings and entertainment events and other
uses," but not to religious groups. It seems like such an
open and shut case: the school must rent to all groups or none, and
cannot discriminate on the basis of religion. But the federal trial
judge and the 2nd Circuit Court of Appeals both ruled
against the club.